THE TIMES THEY ARE A CHANGIN': IS IT TIME FOR YOU TO INVEST IN REMAINING UNION FREE?

When broached on the subject of unionization, I often hear employers or management exclaim that that it is not a concern - that their employees are not interested in unions. Before you make a wager on this, consider these facts:

Unemployment is at 3.9%. Economic activity appears to have picked up in real terms since November, 2016;

The majority of young people embrace socialism in some form or another. Remember the support Bernie Sanders garnered during the 2016? Did you read about his proposal to provide everyone with a federal job. Were you startled by Mark Zuckerberg's call, embraced by many, for a minimum guaranteed income?

We have, however, entered into a new cycle of social change. Every month brings a new social movement. And these leftward forces are all focusing on the young, women, immigrants, identity interests, and they reject capitalism, tax reform (mere "crumbs"), the Trump Administration, and traditional values related to the social compact and even the Constitution. History does not repeat itself, but it does move in cycles. This leftward momentum, combined with the easier ability of an employee find another job if fired, does not hamper union organizing. Arguably, it makes it easier -- especially if you are in an industry that has historically been organized, such as transportation, healthcare, retail, construction, and manufacturing. And especially if you are a small or medium-sized employer who has spent no time or effort to educate your employees about the negatives of unionization.

The Trump Labor Board is expected to at least return labor relations to a balanced state, by overruling Obama-era anti-business precedent and amending, if not scuttling, the expedited "ambush" election rules. Organized labor understands they need new members to survive. They have an army of young, smart organizers who are very adept at using social media and information technology to get employees to vote "yes." Call any PSB attorney if you would like to discuss the many options available to you to remain union free.

EMPLOYER RIGHTS UNDER THE NLRA QUIZ

It may seem to be an oxymoron to suggest that the an employer has 'rights' under the National Labor Relations Act that is largely devoted to protecting employee rights to engage in protected concerted activity including the formation of labor union. And labor unions certainly have a strong set of rights under the NLRA and team of government agents ready to enforce them. But a savvy employer recognizes that the NLRA also has certain rights the employers and their supervisors enjoy, and to conduct successful labor relations it should employ these when relevant. Here's a quiz to test your knowledge of this side of the equation:

TRUE OR FALSE:

1. Supervisors have the right to engage in free speech to express their views opinions and arguments against unionization should a union attempt to organize a company.

2. Supervisors are free to question employees about their union activities.

3. Supervisors can threaten employees if they take action in support of a union at a union-free facility.

4. Employers can move quickly with the support of the NLRB to obtain an injunction in Federal court if a union pickets one of its customers to put pressure on the company to recognize the union.

5. Supervisors can make promises to win the favor of employees to turn away from a union.

6. An employer can develop an implement a no-solicitation policy to apply on its premises and it is best to do so after you hear of union organizing activities.

7. An employer can monitor its email system to make sure that employees are not using it to support a union.

8. An employer can voluntarily recognize a union that presents it with cards signed by 33% of its employees.

9. An employer can ask the NLRB to conduct an secret ballot election if it confronted with a situation where a union claims to have 100 per cent of its employees signed up with the union.

10. An employer can act to prevent its supervisors from joining a union.

Answers to these questions next week!

PSB CONSULTING IS HERE TO HELP!

Small projects? Big projects? Transitional needs while you hire your next your Human Resources person? Or perhaps you are a smaller company that needs only a part time dedicated person to assist you in HR!

Contact PSB Consulting to see how we can help. We work on a project basis or as an extension of your team.

PAUTSCH, SPOGNARDI & BAIOCCHI LEGAL GROUP is a law firm dedicated to finding common sense, affordable solutions for businesses to labor, employment, human resource and general business needs. With over 75 combined years of experience among its 3 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.